Smash bang! And a small result. [Archive] - SV650.org

touch107fm

30-10-08, 07:58 PM

Hi all,
I came close to Dr death's door last night. Fortunately i left my sv at home. I bought a old skool vespa a month ago and was planning to do it up over the winter. I was just on the way to the gym and i decided to take vespa and leave the Sv.....

Was driving down a straight road doing about 15 mph..... next thing i know there was vw passat who just pulled out in front of me....

Smash bang straight into the side of his car.. Went head over but fortunately somehow come out OK. My knee is a bit sore but should be OK. The scooter is wrote off..... SO so lucky to be typing this today.
I was lucky there was 3 witness they driver rang me 1 hour later to tell me he want to settle this privately. Worries me a bit!!!!

So there you have it lucky to be alive, lucky it wasn't my SV..

Also a small result i argued with Westminster parking over the new parking fines for motorcycle parking fines. I just managed so 3 tickets cancelled : )
I argued that there was not enough due warning and that there phone system was not working ....
Happy days

tanis34

30-10-08, 08:04 PM

glad you came through ok ,what with loads coming off yesterday im surprised anyones left to ride lol

Alpinestarhero

30-10-08, 08:05 PM

glad your ok mate, im not sure about private settlments...i did one once, but thats because it was a sweet old lady who took me off my scooter and my dad said i might aswell go for it...he;d be able to fix the scooter up for £20 and i can have the remaining £80 the woman was offering.

Makes me wonder though, does this guy have the insurance to be able to go through the insurance channels?

touch107fm

30-10-08, 08:13 PM

Just got a call from him, He sounds like he is all a decest guy he said he fully comp and was very worried about me..
So i think i have no worries!!

Nostrils

30-10-08, 08:35 PM

Glad you are OK! I personally would still speak to the witnesses and get a written statement for each of them and get the insurance details of the driver anyway - I got stitched up years ago when someone only paid me half of a promise and moved out of rented accommodation no where to be found....suffice to say, I found him and his un-repaired car....apparently a friend told me the car never left the drive again!

Philbo

30-10-08, 08:47 PM

If you're not looking for personal injury claims, or the like, give him a "take it or leave it", payment up front, settlement figure. I've been messed about too much by seemingly nice, appologetic people to go any other way. I would still advise an insurance claim in preference. You will need to give them some sort of receipt though, otherwise you could take the cash and still make an insurance claim.

Last instance was a youngish lady driver, who couldn't appologise enough for runing in to the back of my stationary car. Went down the cash in hand road, only to have the "that sounds expensive, could you get a quote from my boyfriends mate, his dad owns a garage". All the while i'm the idiot doing all the running about getting quotes using my own time! Then the I had all the excuses under the sun to avoid paying for the repair, until I left a message on her phone along the lines of "immediate payment or I report the accident". Her phone ammazingly started working again the next day, and I got my cash.

Biker Biggles

30-10-08, 08:53 PM

How much does matey expect to pay "privately"?He may think he can bung you a few quid for your old vespa,but what about your injury,and your new lid and clothing that got damaged?Suddenly theres a couple of grand there.

rob13

30-10-08, 09:15 PM

Ive got to admit, I almost fell foul of being too nice once. Young lass, similar age to me went into the back of me at a roundabout, damaging the bumper. New driver, local address she was keen on sorting outside of the insurance as her premium would rocket. Anyway, I got a quote from the main stealer at £700 for a new bumper. Tried my local tried & tested spray shop and it was £290. When I told her the damage, she backed out, refused to answer my phone calls etc. I called around to her house, told her either pay up or its onto the insurance company. I was fuming after being taken for a mug. She then called back 1/2 hour later saying she was sorry, paid the cash and that was it. Never be bothered about going down that route again. Too much trouble especially after I thought I'd done her a favour by going the spray route rather than replace the full bumper.

Fearg

30-10-08, 09:19 PM

In this day and age I think I would let the insurance company deal with it. Thats what they are there for and there are too many things that can go wrong when you try and rely on people's honesty. I have heard of too many instance where people regret not getting insurers involved.

Good luck with it and glad you are ok.

Warthog

30-10-08, 09:27 PM

I'd say give him a chance. He thinks his premiums will rocket, so tot up the total fair and square and tell him. If he doesn't want to do it go via the insurers.

Dangerous Dave

30-10-08, 09:32 PM

Ouch, sorry to hear that mate but at least it wasn't the SV... ;)

I'd get that knee looked at, just in case.

touch107fm

30-10-08, 09:45 PM

Dangerous Dave

30-10-08, 09:52 PM

I was lucky there was 3 witness they driver rang me 1 hour later to tell me he want to settle this privately.
If this still applies you will be fine....

30-10-08, 10:07 PM

Hope you've had your knee Xrayed etc. Otherwise you'll find it difficult to come back for a second bite.

Warthog

30-10-08, 10:49 PM

Settle it privately if you are uninsured!!!!

the_lone_wolf

30-10-08, 11:11 PM

OK guys really worried here just got home to check my insurance on the scooter and it turns out my insurance was not added to my SV insurance company,,,,,, I cant believe it.I just called up my insurance and they are closed. I added it last friday but the guy from ebike has sent me out a quote for the scooter not my policy.... I got mail from them but never checked it because i thought it was just my insurance...
Fuxk i cant believe it,.,,,,,,,,,,So ****ed off now. Not to sure what to do, in a panic i have just got pay as you go insurance for the scooter not that its any good to me now,,.. The car driver who was at fault has admitted its was his fault and i got witness to say he was at fault. Very worried now.

the other drivers insurance is still liable for 3rd party damage under any circumstances, he could have hit a lamp post, which (afaik) is not required to have insurance and they would still have to pay for the damage if it was his fault

however, if it transpired in court that you had no insurance, and the ins company were unable or unwilling to confirm you had paid for it and it was their mistake, although you would still get paid for the damage, you could be prosecuted for no insurance

might be worth getting enough to fix everything without taking the **** and keeping very quiet about the insurance issue...

yorkie_chris

31-10-08, 12:37 AM

might be worth getting enough to fix everything without taking the **** and keeping very quiet about the insurance issue...

A definite +1 there!

No insurance is enough points and fines to warrant buying a whole fleet of worthless POS scutters... (oh... sorry, are my prejudices showing there...) :-P

454697819

31-10-08, 09:55 AM

Not true.. if you are driving uninsured they do not have to pay out to you as you had no right on being on the road...

After a private payout I realised I was technically in breach of my policy, but this was months later and it was settled.

the_lone_wolf

31-10-08, 10:39 AM

Not true.. if you are driving uninsured they do not have to pay out to you as you had no right on being on the road...
it's not the OP's (non-existant) policy that would be claimed from, it's the other driver's, the fact that the OP was uninsured doesn't affect the validity of the other driver's insurance policy at all...

454697819

31-10-08, 10:46 AM

it's not the OP's (non-existant) policy that would be claimed from, it's the other driver's, the fact that the OP was uninsured doesn't affect the validity of the other driver's insurance policy at all...

ur right it doesnt effect the drivers insurance.. but the drivers insurance.. do not have to pay out to an uninsured person howsoever caused (at the last time of checking)

the_lone_wolf

31-10-08, 10:59 AM

ur right it doesnt effect the drivers insurance.. but the drivers insurance.. do not have to pay out to an uninsured person howsoever caused (at the last time of checking)

i know someone who has worked in a UK claims dept for some time and knows his stuff - i've asked him to clarify and will get back when he does, as any relevant information on the net is swamped by the vast majority of accidents caused by the uninsured party

Flamin_Squirrel

31-10-08, 11:05 AM

Did you pay any money for insurance on the scooter? IIRC, if you in good faith paid money and assumed it went through, you won't be considered to be without insurance.

That's not to say they would cover you if you had a smash which was your fault, but that's an insurance issue. As this wasn't your fault, you only need to consider the legal aspects of being covered by third party insurance - which if you've paid money you should be.

454697819

31-10-08, 11:35 AM

i know someone who has worked in a UK claims dept for some time and knows his stuff - i've asked him to clarify and will get back when he does, as any relevant information on the net is swamped by the vast majority of accidents caused by the uninsured party

I will be interested to hear what he has to say,

I am speaking from what I read in my motorcycle direct policy booklet some time ago. Always happy to be corrected though.. ;)

Biker Biggles

31-10-08, 11:40 AM

Question---Did you have the legal minimum insurance(third party)in force at the time of the incident?
If so you are fine to persue your losses.
If not settle quickly privately and learn from it.

touch107fm

31-10-08, 11:50 AM

Right first up thanks for your help guys.. I just spoken to my insurance and they confirmed that my insurance did not go through . Its all on my head.

I know its illegal to drive without insurance and I would never have driven the scooter on the road if i knew the insurance had not gone through. As i stated in a panic i got insurance when i realised my error.

Although the guy has admitted responsibility and i got 3 witness to say he was in the wrong, I feel that it could all be turned around on me and i could end up paying for the damage to his car...!!!!!

There where no police called at the accident or ambulance so it was not reported, I have not contacted my insurance as i am not to sure what to do or what they will say.

I went out to check the scooter this morning and i thinks its had it. I only had it about 8 days and it cost me £650

the_lone_wolf

31-10-08, 11:51 AM

Always happy to be corrected though.. ;)
got a reply:

pop quiz hot shot...

two parties, Driver 1 is insured fully comp, Driver 2 is uninsured

Driver 1 causes and accident involving both drivers and liability isn't in question

can Driver 2 claim from Driver 1's insurance to cover the damage to his vehicle

i think yes, as my understanding is that the 3rd party cover of a policy is valid under all circumstances (ie: my car ins is FC, if i'm drunk at the wheel and hit someone else my insurers can refuse my damages claim but cannot refues the 3rd pary claim from the guy i hit)

my friend thinks no, because Driver 2 shouldn't have been on the roadRegardless to Driver 2's ability/legallity to being on the road, your insurnace would still have to pay out for any damage to their vehicle.

No way to even argue that one out. If the police then wanted to take action against driver 2 then they can do that. but its nothing to do with the insurance.

original thread here:

http://www.ktmforum.co.uk/showthread.php?p=260773

454697819

31-10-08, 12:04 PM

got a reply:

original thread here:

http://www.ktmforum.co.uk/showthread.php?p=260773

fair enough...

noted for future use..

454697819

31-10-08, 12:06 PM

at the end of the day it works like this...

how much would landing it on your head cost now.. more than £650?

take the hit.. phone the guy.. explain that you dont wish to proceed with a claim and tell him thats the last you will be hearing...?

just a thought?

depends how the guy was though... if you explain will he want to sue you?

Dave20046

31-10-08, 01:24 PM

Log it with your insurer, and tell them you've been in a crash but don't know if you're going to settle privately yet - that's what I've done before.

KnightRider

31-10-08, 01:27 PM

Dont mean to state the obvious - but check your insurance policy to see if you can ride any bike with third party insurance. My policy allows this so you might be okay. Suffice to say check your terms and conditions as some policies state that you can only ride other people's bikes with this cover.

Luckypants

31-10-08, 01:42 PM

What's the issue here? 3rd party admitted liability and you have witnesses to prove that. He said he wanted to sort it out privately? Sort it! Tell him £650 and it's dealt with, otherwise you will be claiming against him. His excess is probably at least half of that amount.

metalmonkey

31-10-08, 01:52 PM

Have you checked you current insurance, I'm full comp on my SV which allows to to ride any motorbike with permisson of the owner.

Do you have this on your insurance for the SV? Check it! If you do panic over you are covered Third Party ONLY!

Second the tit that pulled out on you should be done for driving without due care.

Thats is all good luck.

yorkie_chris

31-10-08, 03:55 PM

Mostly TPO other bike doesn't cover bikes you own

the_lone_wolf

31-10-08, 04:00 PM

Mostly TPO other bike doesn't cover bikes you own

they'd be mad to do anything other than that...

everyone would have a 50cc twist 'n' go insured fully comp and a GSX-R1000 in the garage:mrgreen:

yorkie_chris

31-10-08, 04:00 PM

I know I would

touch107fm

31-10-08, 04:11 PM

:(

I never even thought about being insured by my own insurance I will check when i get back from work. The other driver is a Taxi driver,
I must add at the time of the crash I was of course in shock. I didn't think anything at the time but the driver didn't at any point did not ask for any of my details. He didn't take my reg which i thought is weird.

He gave me his address and number which i took. It wasn't till i got home i thought crap i needed his insurance details. So I went down to the address this morning and his car was there with his taxi reg and his car reg. There was no know at his house.

He rang me a hour after the crash to say that he would pay for the damage from his own pocket, But yesterday he said that he is fully comp.

I really hope that i am cover my SV insurance but i got a gut feeling i am not....
Major lesson learnt here....

What would do if you where in my situation.

metalmonkey

31-10-08, 04:49 PM

Mostly TPO other bike doesn't cover bikes you own

Yeah it does.....The way it works say you get stopped casue your bike/car flashes no insurance. If you have the cover as I said before then it does cover you. The basic requirment is third party only. I know casue I have dealt with the situation more times than I remember.

Yes I guess you could ride supersports like that, however it won't be covered for theft ect.

As for what to do, check your insurance. second I would be have an angry word with the insurance company.

Biker Biggles

31-10-08, 05:02 PM

Most policies that cover riding other bikes state "Not owned by you or hired to you"or words to that effect.
Id contact the other driver and try and get him to settle for a very reasonable amount outside insurance.Then chalk it down to experience.

ricky

31-10-08, 05:33 PM